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Clip IDA's wings

THE STATE Senate should approve a bill to strip the Effingham Industrial Development Authority of its zoning immunity.

The move would rightly give county residents a voice in the types of development brought to Effingham.

In 2005, the IDA filed a court action to verify its immunity from zoning as a constitutionally created development authority. Effingham Superior Court Judge Gates Peed ruled that, according to its establishing documents, the IDA shared the same type of immunity as a city or county government body.

The state legislature established Effingham's IDA in 1986 under different rules from later authorities, which are subject to zoning.

The issue arose amid controversy over the authority's plan to put an industrial park on about 1,700 acres of land near I-16 in Effingham County. Nearby residents fear the amount of truck traffic the park will put onto Old River Road.

The Effingham County Planning Board several times tabled the IDA's request to rezone some of the acreage for industrial use.

Court rulings handed down more than a year ago indicated that only the General Assembly could step in to require the IDA to adhere to zoning regulations. In the wake of that ruling, the state House has passed Bill 543, sponsored by Rep. Buddy Carter, at the suggestion of the Effingham County Commission.

Rep. Carter, R-Pooler, stressed that the bill would allow neighboring residents to have a say in what kind of developments go in next door to them. Sen. Jack Hill, who also represents Effingham, has indicated support for the bill.

Local legislation that wins approval from a county's House and Senate representatives usually receives passage by the General Assembly, and this bill should be no exception.

While the IDA would no longer be able to plop down industrial developments wherever it wished, having to go through zoning might actually improve its chances with would-be prospects.

Development prospects typically prefer to get traditional zoning approvals from local governments to ensure that their planned use of property cannot be challenged in court.

This is not the first time the legislature has clipped the Effingham IDA's wings.

Last year, Gov. Sonny Perdue signed into law new eminent domain regulations, limiting the use of the government's power to take private property for industrial development.

The move was originally spurred by a U.S. Supreme Court ruling that placed the onus for eminent domain protections on the states.

However, the initiative gained steam in Georgia after the Effingham IDA condemned 2,700 acres owned by International Paper for $31 million.

The moved ranked as one of the largest government takings of land in Georgia history.

The combined effect of the new eminent domain laws and the proposed requirement for the IDA to adhere to zoning regulations will protect Effingham residents, and ensure a more democratic process for a body that can have a dramatic effect on the quality county's of life.